ABC7 obtained a copy of the deposition, which is making waves.
The case at the heart of the matter is a double murder that happened more than two decades ago, where former CPD Detective Reynaldo Guevara was accused of coercing confessions out of the two suspects. But even after the men were exonerated, Foxx went on the record saying she believed the men were guilty.
Another Guevara case is coming back to haunt the justice system in Cook County. It stems from the 1998 stabbing deaths of two man in Bucktown. Arturo DeLeon-Reyes and Gabriel Solache were convicted based on confessions obtained by Detective Guevara. Both men were later exonerated and granted certificates of innocence and have settled lawsuits against the city.
Comments by former Cook County State's Attorney Kim Foxx, made during a deposition last month in another Guevara connected wrongful conviction lawsuit, are now generating pushback.
During the deposition, a copy of which ABC7 obtained through a Freedom of Information Act request, Foxx volunteered that she didn't believe Reyes and Solache were actually innocent.
"We believed that the evidence suggested that - or that the defendants had committed a heinous act of murder." She said.
Attorney Jon Loevy represented Reyes in his civil suit, which just settled Thursday.
"Mr. Reyes and Mr. Solache are completely innocent of this crime," Loevy said. "Their convictions were overturned based on misconduct by Detective Guevara and other Chicago police officers. They were granted certificates of innocence. They did not kill anybody."
Loevy said it's disappointing that Foxx continues to take the position the men are guilty when their convictions were based on signed confessions written in English, which Loevy says they couldn't read or write.
"And the real problem of State's Attorney's Office is there was a half dozen state's attorneys involved in this, so you know them to admit that these guys are innocent, which the system has already determined would implicate states attorneys in basically a false confession," Loevy said.
Also stirring controversy in the separate Guevara case in which Foxx gave the deposition are comments she made about the exonerated defendant in that case, Marilyn Mularo, during a speech at the City Club.
"A crime she didn't commit in which she was wrongfully convicted based upon the evidence and a testimony of a corrupt police officer," Foxx said.
In the same deposition, Foxx said she regretted making those comments, which she said were not based on any new information that had come to the attention of the state's attorney's office. Those statements were later used by Mularo in her lawsuit.
ABC7 reached out to Foxx, but she declined to comment due to the pending lawsuit.